State prosecutor: Mellow claims baseless

MELLOW Scheduled to go on trial in November for alleged pay-to-play scheme

State Attorney General Kathleen G. Kane is prosecuting former state Senate Democratic Leader Robert J. Mellow because he broke state laws, not because of politics or because she’s singling him out, a state prosecutor contends.

“The defendant alleges that he was singled out because he is a former political opponent of the current attorney general,” Senior Deputy Attorney General Laurel Brandstetter recently wrote in her court response to claims by Mr. Mellow’s lawyers two months ago. “A ‘political opponent’ is not a recognized protected class, nor is there any evidence that this fact is true or that it was presented to the grand jury who issued the presentment recommending charges.”

Mr. Mellow, who served 14 months in federal prison on a conspiracy charge, also isn’t a victim of double jeopardy (prosecution twice for the same crime), doesn’t deserve a separate trial and faces plenty of evidence that points to his guilt, Ms. Brandstetter wrote.

Mr. Mellow is one of six defendants scheduled for trial Nov. 17 in Dauphin County Court as part of what prosecutors say was a pay-to-play scheme at the Pennsylvania Turnpike Commission. The others are former turnpike chief executive officer Joseph Brimmeier, former chief operating officer George Hatalowich, former turnpike commission chairman Mitchell Rubin and two turnpike vendors, Dennis Miller and Jeffrey Suzenski.

Mr. Mellow, 71, of Archbald, who spent 14 months in federal custody on a conspiracy charge, is charged in the turnpike case with seven counts, including conspiracy, being part of a corrupt organization, commercial bribery, bid-rigging and engaging in a conflict of interest and accepting improper influence.

Prosecutors say he and the other turnpike officials used turnpike staff and vendors to attract huge campaign contributions from turnpike vendors.

In a sweeping pre-trial motion, attorneys Sal Cognetti and Daniel T. Brier accused Ms. Kane of charging him only after federal prosecutors handed her office evidence they never used in violation of their promise not to charge him with further crimes, a violation of the double-jeopardy rule. They also say Ms. Kane charged Mr. Mellow because they were “political opponents” while never charging others who did what he did.

They call her prosecution of their client “flawed, vindictive and unconstitutional.”

Mr. Mellow’s lawyers haven’t explained the reference to Ms. Kane and Mr. Mellow as political opponents.

They never actually ran against each other for public office, but Ms. Kane, a former Lackawanna County assistant district attorney, considered a Senate bid in 2010. She never followed through, and Mr. Mellow, already under federal investigation, retired and didn’t run for re-election.

Ms. Brandstetter argues the double-jeopardy rule doesn’t apply because Mr. Mellow was charged in the federal case with conspiracy to use Senate staffers to do political work and filing a false tax return related to the sale of the building that housed his local Senate office.

Neither had anything to do with the turnpike commission, and Mr. Mellow’s federal plea agreements specifically says it doesn’t bar a state prosecution, she wrote.

Mr. Mellow’s lawyers also haven’t said whom prosecutors didn’t charge, the person or people who selectively were not prosecuted.

One obvious possibility is former state Sen. Vincent Fumo of Philadelphia. During the preliminary hearing in the turnpike case last year, Senate Democratic Caucus Chief of Staff Anthony Lepore testified Mr. Mellow and Mr. Fumo shared control of the commission.

Mr. Fumo served time in federal prison in an unrelated case, but hasn’t been charged in this one.

Ms. Brandstetter also says Mr. Mellow:

■ Shouldn’t have a separate trial because all the crimes committed by him and the other turnpike officials grew out of the same acts.

■ Wasn’t protected by the state constitution’s speech and debate clause when he advocated for PNC Capital Markets to get turnpike bond business as his lawyers contend. His lawyers say he was advocating for a constituent as a legislator.

Ms. Brandstetter says “there is no evidence that securing bond work for PNC Bank, requesting that turnpike officials fundraise for his political campaign or accepting hospitality was part of the officials duties of the Pennsylvania Senate.”

■ Shouldn’t be allowed to successfully argue that gifts Mr. Mellow received from PNC Bank — Major League Baseball and concert tickets and dinners — were minimal. The gifts gave PNC an advantage in getting bond work, Ms. Brandstetter wrote.

Contact the writer: bkrawczeniuk@timesshamrock.com

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